WCC Revised Stipulation Procedure Memorandum - June 4, 2010

MEMORANDUM NO. 2010-02
(Supersedes Memorandum No. 2007-02)

The following memorandum supersedes Memorandum No. 2007-02 dated April 2, 2007. The Commission has determined that the prior memorandum did not provide sufficient guidance as to the construction to be accorded the term “commence on or before” contained in § 31-303. For this reason, the Commission issues the following revision based on its reading of § 31-303.

Sec. 31-303 requires that payment “shall commence on or before the twentieth day” from the date of an award or agreement. In addition, “[a]n employer who fails to pay within the prescribed time limitations of this section shall pay a penalty for each late payment, in the amount of twenty per cent of such payment, in addition to any other interest or penalty imposed pursuant to the provisions of this chapter.”

1. Determination of whether a penalty shall be assessed pursuant to § 31-303 due to the late payment of an award by stipulation shall be based upon the following:
• Proof of payment by personal service, certified mail, or registered mail; OR
• Placement of the payment due under an award by stipulation with a third party entity engaged in the regular business of delivery and the payor’s retention of written verification of same.
2. The 20-day period shall be counted from the date following the date on which the stipulation was approved by the Commissioner.
3. Parties in attendance will be hand-delivered the executed stipulation.
4. A certification page shall be maintained in the Commission’s file indicating the date on which the stipulation was approved and forwarded by the Commission’s staff.
5. Approved stipulations will be forwarded to non-appearing parties by regular mail to the address provided within the body of the stipulation by each party who requires and/or requests an executed copy.

For reference, § 31-303 provides:
Payments agreed to under a voluntary agreement shall commence on or before the twentieth day from the date of agreement. Payments due under an award shall commence on or before the twentieth day from the date of such award. Payments due from the Second Injury Fund shall be payable on or before the twentieth business day after receipt of a fully executed agreement. Any employer who fails to pay within the prescribed time limitations of this section shall pay a penalty for each late payment, in the amount of twenty per cent of such payment, in addition to any other interest or penalty imposed pursuant to the provisions of this chapter.